Protecting Employers Since 1985

Federal Judge Invalidates DOL’s Rule to expand Overtime Pay

By Wessels Sherman / November 18, 2024

Great news for employers! A Federal Judge has struck down the U.S. Department of Labor’s overtime rule that increased the salary threshold for classifying employees as “exempt” from overtime pay requirements under the Fair Labor Standards Act (FLSA). This means that the DOL’s rule set to take effect on January 1, 2025 (which would have significantly…

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FMLA Does Not Encompass Right to Remote Work

By Alan E. Seneczko / October 31, 2024

Employers are painfully aware of an employee’s right to intermittent leave under the FMLA and all that it entails, particularly when dealing with conditions such as migraines, anxiety, etc., which in some cases tend to manifest themselves primarily on Fridays, Mondays, before or after holidays, and/or big games. Those scenarios tend to push an employer’s…

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Warning: The DOL’s Salary Increase for Overtime Exempt is Still Alive and Well, and Going Up on January 1

By John D. Simmons / October 30, 2024

Earlier in the year, we were all abuzz about the Department of Labor’s changes to rules regarding salary requirements for classifying employees as overtime exempt. As of January 1, 2025, employees must be paid a salary of at least $58,656 to be exempt from overtime under any of the so-called white-collar exemptions (executive, administrative, or…

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Employee Terminated for Public Urination Finds No “Relief” on Appeal of DEED Denial of Unemployment Benefits

By James B. Sherman / October 29, 2024

A Crookston, Minnesota employee challenged an unemployment-law judge’s decision that found him ineligible for U.C. benefits for engaging in employment misconduct – urinating in public. What this employee may have lacked in discretion appears to have been compensated for in sheer persistence, for he appealed his case all the way to the Minnesota Court of…

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Refresher For Employers On Required Accommodations To Allow Employees Time Off Work To Vote

By James B. Sherman / October 11, 2024

As the 2024 election approaches, on Tuesday, November 5th, Wessels Sherman offices in Illinois, Minnesota, Iowa, and Wisconsin have been fielding questions about employee voting rights. Because this is governed by state law and each state’s laws differ it can be confusing, particularly for employers with employees in more than one state.  This refresher will…

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Illinois Employers – Start Getting Ready for More Laws

By John D. Simmons / September 3, 2024

After the flurry of new laws and ordinances that bombarded Illinois employers in 2024, our clients had hoped for a respite to get their feet back under them. Unfortunately, 2025 is gearing up to continue changing the rules further. This article will highlight briefly some upcoming changes in the law that employers need to prepare…

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Update on FTC’s Ban on NonCompetes

By Joseph H. Laverty / August 30, 2024

On August 20, 2024, a Texas federal Judge blocked the Federal Trade Commission (FTC) rule banning noncompete agreements in employment contracts. The Judge determined that the FTC exceeded its statutory authority in passing a rule banning noncompetes. The ban was supposed to go into effect on September 4, 2024. In the ruling, the Court said…

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U.S. Department of Labor Addresses Employees with Gender Dysphoria

By James B. Sherman / August 27, 2024

On August 22 the DOL’s Office of Disability Employment Policy issued resources and strategies specific to accommodating individuals with gender dysphoria in the workplace.  Gender dysphoria is generally described as when a person’s gender identity differs from their assigned sex at birth.  Recognizing that this condition may present challenges both for the individual as well…

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Frequently Asked Questions About Illinois Paid Leave

By John D. Simmons / July 31, 2024

Over the course of the year, we have received a number of questions from our clients about Illinois’ various new Paid Leave laws. In this article, we are going to present and address some of the most commonly asked questions we have been receiving. Q: We only have a few employees, are we exempt? No.…

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Refusal to Participate in “Unconscious Bias” Training is Not Protected Opposition

By Alan E. Seneczko / July 30, 2024

In my last blog, “DEI Run Amok: First Thing We Do, Let’s Get Rid of the White Guys,” I addressed the dangers an employer faces when it purges white employees from the workforce in the pursuit of DEI objectives. Today, we address the opposite – employees who refuse to participate in DEI initiatives, like unconscious…

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